Contempt Bench
but necessarily sparks a conclusion that therebys the Contempt Bench, thus
has entertained both a premature, besides a misconstituted contempt
petition.
18. Furthermore ... accessing the learned Contempt
Bench concerned, nor the learned Contempt Bench concerned, was
required to be entertaining the contempt petition. Contrarily, when for
reasons (supra
earlier or at
least simultaneously with the complaint for contempt. To
keep the prayer for stay stand-by and to insist upon
proceeding with ... learned Single Judge of High Court
was not stayed by the Division Bench, Contempt Petition should
have been disposed of on merits, instead of adjourning
steps they had to take on
threat of contempt."
4. We have stayed the impugned judgment but even
going by the binding precedent ... learned Single Judges ought not to proceed with the
contempt till the stay petition in the appeal filed is disposed of;
when the pendency
Court. The Supreme Court has issued notice of motion and further stayed
contempt proceedings, if any, initiated against the State.
5. I have heard ... Court wherein
notice of motion has been issued and contempt proceedings, if any, have
been stayed. The operation of impugned judgment and order
subserved by vacating the said order of stay of
execution proceedings without initiating a proceeding for contempt. The
Bench accordingly allowed ... possession of the suit premises amounted to ‘civil contempt’
under Section 2(b) of the Contempt of Courts Act, 1971, and warranted
appropriate consequences under
Court to reinstate/ re-engage was
not implemented on account of stay on contempt
proceedings, therefore equities have not been created
this Court and the petitioner filed Contempt Petition alleging
flouting of the orders, and thereupon she filed an affidavit
bringing the attention of the Court ... 2023, the learned Single Judge of this
Court stayed the Contempt Petition, taking note of the malafide
intention of the petitioner, who had instituted
dated 06.01.2023, wherein the
Hon'ble Apex Court stayed the contempt proceedings in C.C.No.4847
of 2022. But there is no interim ... Contempt. As such they are liable for punishment
under the provisions of the Contempt of Courts Act, 1971 .
43. In the result, the contempt case
earlier or
at least, simultaneously with the complaint for contempt. To
keep the prayer For stay stand-by and to insist upon
proceeding with ... impugned, the appellant
court or writ court shall stay its hands till the disposal of the contempt
petition.
15
49. Likewise, if the appellate court
would submit that, since the
respondent/contemnor also filed vacate stay petition pending
contempt case, without hearing and deciding the vacate stay petition,
the contempt ... liable for punishment under
the provisions of Contempt of Court Act, 1971 .
29. In the result, contempt case is allowed, directing Respondent
No.1 - Commissioner
